ORIENTAL INSURANCE Company Limited vs RAM LAL

THIS is an appeal against the judgment and order dated 31.5.2001 passed by District Consumer Forum, Sultanpur in Complaint Case No. 322/1998.

THE facts of the case stated in brief are that the complainant had purchased a she-buffalo after taking loan from Bank of Baroda, Gauriganj, Sultanpur under the I.R.D.P. Scheme which was insured with the Oriental Insurance Company Limited from 4.11.1995 to 3.11.1999. This she-buffalo suddenly died on 8.3.1998. THE complainant put up a claim with necessary papers to the Insurance Company which was repudiated by letter dated 20.5.1998. THE complainant filed this claim for recovery of the amount of the Insurance. The opposite party in its written version has alleged that the she-buffalo was ill from the last four days and no treatment was given by the complainant. According to the terms of the policy, it is the duty of the complainant to get she-buffalo treated and as the treatment was not given, the policy was repudiated.

The learned District Forum, after considering the case of the parties, came to the conclusion that there was deficiency in service, hence it directed the Insurance Company to pay a sum of Rs. 7,500/- to the complainant alongwith interest @ 12% per annum from the date of lodging complaint till the date of payment. It also awarded a sum of Rs. 500/ as compensation and a sum of Rs. 200/- as cost.

AGGRIEVED against this order, the opposite party, The Oriental Insurance Company Limited has come in appeal and has challenged the correctness of the order passed by the learned District Consumer Forum. We have heard the learned Counsel for the appellant at the admission stage. None was present from the side of the opposite party.

WE have perused the file. A perusal of the file will go to show that the she-buffalo had died on 8.3.1998. According to the learned Counsel for the appellant, the Doctor conducted the post-mortem has mentioned that the she-buffalo must have been suffering from the disease for the last four days. WE have perused the post-mortem examination report which is a printed form in which the Doctor has filled up a column that in his opinion, the she-buffalo must have been ill from the last four days. The opinion given by the Doctor is not a definite opinion. It is merely a conjecture. Unless a definite opinion is given by the Doctor on the basis of the available material on record, it cannot be said that the report given by the Doctor is correct. Therefore, no reliance can be placed on this report. The learned District Forum has, therefore, rightly came to the conclusion that no reliance can be put on the report of the Doctor who has conducted the post-mortem examination. The repudiation done by the Insurance Company was, therefore, not correct and the judgment and order of the learned District Forum are perfectly correct and deserves to be confirmed. ORDER The appeal is dismissed. The judgment and order of the learned District Forum are confirmed. Let compliance of this order be made within a period of two months from the date of this order. Let copy of this order be made available to the parties as per rules. Appeal dismissed.